There are deferred sentencing and diversion programs available for certain crimes and, generally. if you are a first time offender. These programs are available for crimes such as 769.4a for domestic violence, 333.7411 for certain drug crimes, Holmes Youth Training Act or HYTA for most offenses committed by persons between the ages of 17 and 26, and deferred sentencing under MCL 771.1.
MCL 769.4a allows first time domestic violence offenders, after a plea of guilty, to be sentenced to probation and after successfully completing the terms of probation to have the charged dismissed. Generally, if alcohol or drugs were involved, you will be subjected to random alcohol or drug testing. In addition, some sort of anger management program is mandated. While under this diversion program the actual court conviction is shielded from public view, arrest and fingerprint records which may be maintained by the Michigan State Police or the police agency where you were arrested, will not be destroyed.
MCL 333.7411 allows the court to sentence first time drug offenders to a probationary term not to exceed 12 months, and again, if the terms of that probation are met, the charge against the defendant is dismissed. Generally, the defendant is required to attend some sort of drug counseling program and is required to submit to random drug testing. Like 769.4a, fingerprint and arrest records will not be destroyed.
The Holmes Youth Training Act or HYTA is available for youthful offenders between the ages of 17 and up to 25 with the Prosecutor's OK. Under this diversion program, the court will sentence the offender to probation, but sometimes with jail as well, that generally includes some community service. Like other diversion programs, if the terms of probation are completed successfully, the original charge is dismissed. An added benefit of being sentenced under HYTA is that any arrest and fingerprint records are also hidden from public view.
Under MCL 771.1, a criminal defendant may be able to avoid a conviction or be recharged on a lesser offense.through a process involving a deferred sentence. With the prosecutor’s approval, the court will impose certain conditions on the defendant at the plea hearing, and if the defendant satisfactorily complies with the required conditions during the period of deferral, the charge may be dismissed or substantially reduced.. The court also has the authority to hold a defendant’s plea under advisement under MCR 6.302(C)(3)(d), (F). Some judges will take pleas under advisement, set conditions, and dismiss the charge if the client complies.
Whether it is representation in a legal matter or just some legal advice, Schmierlaw can help. We specialize in Criminal and Drunk Driving Defense and can help you with any sort of legal issue which may arise including Felonies or Misdemeanors, Drunk Driving, Traffic Tickets, Juvenile Offenses, or any other legal concern which you may have.
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